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1975 Supreme(SC) 41

A.C.GUPTA, N.L.UNTWALIA, P.N.BHAGWATI
Maganlal Chaganlal Private – Appellant
Versus
Municipal Corporation Of Greater Bombay – Respondent


Advocates:
J.B.DADACHAN, K.J.JOHN, K.S.KADAM, M.N.KATHARI, P.C.BHARTARI, R.J.JOSHI, S.C.MAJUMDER, S.P.NAIR

Judgment

GUPTA, J. :- This appeal, brought on certificate granted by the High Court at Bombay, is directed against an order dismissing the writ petition filed by the appellant company challenging an order made under Section 105-B of the Bombay Municipal Corporation Act, 1888 (hereinafter referred to as "the Act") by which the appellant was asked to vacate the premises in dispute within one month of the date of the service of the order. The validity of the order under Section 105-B was questioned on several grounds including the ground that Chapter V-A of the Act, particularly Section 105-B thereof, was violative of Article 14 of the Constitution. This writ petition was heard along with two others filed by other parties in which also the constitutional validity of Chapter V-A of the Act was questioned. The High Court held that the provisions of Chapter V-A did not contravene Article 14 and dismissed the writ petition filed by the appellant on this and two additional grounds. The first of these grounds was that under Section 105-B of the Act an appeal lay against an order under Section 105-B and therefore the appellant should have exercised his "normal right of appeal" instead of movi






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